Leesburg Wills Lawyer
Leesburg wills can be complex documents with numerous provisions, or they can be a simple handwritten page with few words. The legal impact of the document could be tremendous, regardless of the details.
If you are creating, revising, administering, or contesting the terms of a will, it is a good idea to consult a knowledgeable Leesburg wills lawyer who can help you understand what is involved. An experienced trusts and estates lawyer can work to help you achieve your goals in a manner that makes sense for your situation.
The Need for a Will
Even if an individual or couple has established a living trust to avoid probate and pass assets directly to contingent beneficiaries, it is still a good idea to have a will. Sometimes assets may not get transferred into the trust, and the will provides a means to ensure those assets can be either moved to the trust or disposed of in accordance with wishes. In addition, a will provides a time-tested way to designate the individual who should handle final arrangements and other matters.
These documents can accomplish several purposes, including naming guardians for minors and establishing trusts to manage the property. A Leesburg wills lawyer could prepare a document that reinforces the goals of other estate planning documents.
Contesting a Document in Leesburg
When the terms of a will do not seem right, it may make sense to challenge its validity. However, only certain people may challenge the will, and they must have valid legal grounds for doing so. A lawyer could review the situation to determine whether a challenge would be appropriate and likely to succeed.
Grounds to contest may include:
- Lack of mental capacity of the deceased at the time of making the will
- Undue influence exercised over the deceased by a person holding a position of trust and confidence
- Fraud
- Failure to follow legal requirements
- The use of force or duress to force the inclusion of provisions that otherwise would not be present
Only what the commonwealth refers to as interested persons may contest a will in most cases. The law generally gives someone standing to challenge a will if they would have a statutory right to inherit from the deceased in the absence of a will. Spouses, children, and other relatives may have the ability to challenge, depending on the circumstances. Individuals designated to receive property through the will would also be interested parties.
Probating a Will
Administering an estate is complex, and many people have no idea where to begin. A lawyer could manage the process or provide advice to enable an executor to complete proceedings in compliance with legal requirements.
In some situations, a wills attorney may determine that formal probate will not be necessary. When that happens, the lawyer could explain the procedures needed to manage and close the estate.
Consult a Leesburg Wills Attorney
No one wants to think about their will or the necessity of administering the provisions of another person’s will. However, assistance from an experienced Leesburg wills lawyer can make the process easier and more efficient.
An attorney could handle matters so that you never need to go to court to probate an estate. An attorney could also quickly create a new will or review an existing will to ensure that it fits your current goals and situation. For a free consultation to learn how a wills attorney could assist you, call today.